DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 6,386,500 (Dainoff et al.).
Regarding Claim 1, Dainoff et al. teaches: Claim 1 - a handheld device, comprising: a base (12) that has a linearly extending top surface and a linearly extending bottom surface and is delimited by a plurality of sidewalls; and at least one attachment mechanism (14, 16) that is configured to be releasably fixed to the base (12) and house an item (such as book (52)), (Figures 1-13).
Claim(s) 1, 2, 3, and 9-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Design Patent No. D583,144 (Vejnar).
Regarding Claims 1, 2, 3, and 9, Vejnar teaches: Claim 1 - a handheld device, comprising: a base (AA) that has a linearly extending top surface and a linearly extending bottom surface and is delimited by a plurality of sidewalls; and at least one attachment mechanism (BB, CC, DD, EE) that is configured to be releasably fixed to the base (AA) and house an item (such as seen in Figures 13-15), (Figures 1-24 and Annotated Figure 19 Below); Claim 2 - wherein the at least one attachment mechanism (BB, CC, DD, EE) includes at least one of a first attachment mechanism (BB), a second attachment mechanism (CC), a third attachment mechanism (DD), and a fourth attachment mechanism (EE), (Figures 1-24 and Annotated Figure 19 Below); Claim 3 - wherein the at least one attachment mechanism (BB) includes a recess that extends over one of the sidewalls and a fastener (FF) that is configured to extend through the recess and releasable fix the at least one attachment mechanism (BB) to the base (AA), (Figures 1-24 and Annotated Figure 19 Below); Claim 9 - wherein the at least one attachment mechanism (BB) is configured to at least one of extend over and be fixed to one of the sidewalls, (Figures 1-24 and Annotated Figure 19 Below).
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Regarding Claim 10, Vejnar teaches: Claim 10 - a kit, comprising: a handheld tool including a base (AA) that has a linearly extending top surface and a linearly extending bottom surface that is delimited by a plurality of sidewalls; and a plurality of attachment mechanisms (BB, CC, DD, EE) that are each configured to be releasably fixed to the base (AA) and house an item (such as seen in Figures 13-15), (Figures 1-24 and Annotated Figure 19 above).
Regarding Claim 11, Vejnar teaches: Claim 11 - a method of assembling and using a handheld tool, comprising: providing a handheld tool comprising a base (AA) that has a linearly extending top surface and a linearly extending bottom surface and that is delimited by a plurality of sidewalls; providing at least one attachment mechanism (BB, CC, DD, EE); fixing the at least one attachment mechanism (BB, CC, DD, EE) to the base (AA) of the handheld tool; and arranging an item (such as seen in Figures 13-15) to be housed within or in contact with the at least one attachment mechanism (BB, CC, DD, EE), (Figures 1-24 and Annotated Figure 19 above).
Claim(s) 1, 2, 4, 8 and 9-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2020/0305603 (Davis).
Regarding Claims 1, 2, 4, 8 and 9, Davis teaches: Claim 1 - a handheld device (10 – the device is certainly “capable of” being moved by hand), comprising: a base (16) that has a linearly extending top surface and a linearly extending bottom surface and is delimited by a plurality of sidewalls; and at least one attachment mechanism (38, 40, 42, or 44) that is configured to be releasably fixed to the base (16) and house an item, (Figures 1-5D); Claim 2 - wherein the at least one attachment mechanism (38, 40, 42, or 44) includes at least one of a first attachment mechanism (anyone of 38, 40, 42, or 44), a second attachment mechanism (any other one of 38, 40, 42, or 44), a third attachment mechanism (any other one of 38, 40, 42, or 44), and a fourth attachment mechanism (any other one of 38, 40, 42, or 44), (Figures 1-5D); Claim 4 - wherein the first attachment mechanism (44) includes a housing that includes a base (AA), a first arm (BB) extending from the base (AA) and a second arm (CC) that is spaced from the first arm (BB), the first arm and the second arm (CC) together configured to receive and releasably fix the tool therebetween, (Figures 1-5D and Annotated Figure 3 Below); Claim 8 - wherein the third attachment mechanism (44) includes a main body (AA) that includes a first arm (BB) and a second arm (CC) that is spaced from the first arm (BB), extending from a distal end of the first arm (BB) is a first flange (DD) that delimits the first arm (BB) and extending from a distal end of the second arm (CC) is a second flange (DD) that delimits the second arm (CC), the first arm (BB) and the second arm (CC) together are configured to house the tool, (Figures 1-5d and Annotated Figure 3 Below); Claim 9 - wherein the at least one attachment mechanism (38, 40, 42, or 44) is configured to at least one of extend over and be fixed to one of the sidewalls, (Figures 1-5D).
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Regarding Claim 10, Davis teaches: Claim 10 - a kit, comprising: a handheld tool including a base (16) that has a linearly extending top surface and a linearly extending bottom surface that is delimited by a plurality of sidewalls; and a plurality of attachment mechanisms (38, 40, 42, or 44) that are each configured to be releasably fixed to the base (16) and house an item, (Figures 1-5D).
Regarding Claim 11, Davis teaches: Claim 11 - a method of assembling and using a handheld tool, comprising: providing a handheld tool comprising a base (16) that has a linearly extending top surface and a linearly extending bottom surface and that is delimited by a plurality of sidewalls; providing at least one attachment mechanism (38, 40, 42, or 44); fixing the at least one attachment mechanism (38, 40, 42, or 44) to the base (16) of the handheld tool; and arranging an item to be housed within or in contact with the at least one attachment mechanism (38, 40, 42, or 44), (Figures 1-5D and Annotated Figure 19 above).
Claim(s) 11 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 5,186,507 (Neidfeld).
Regarding Claim 11, Neidfeld teaches: Claim 11 - a method of assembling and using a handheld tool, comprising: providing a handheld tool comprising a base (12) that has a linearly extending top surface and a linearly extending bottom surface and that is delimited by a plurality of sidewalls; providing at least one attachment mechanism (16, 18 or 20); fixing the at least one attachment mechanism (16, 18 or 20) to the base (12) of the handheld tool; and arranging an item (26, 28, 30) to be housed within or in contact with the at least one attachment mechanism (16, 18 or 20), (Figures 1-7A).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2020/0305603 (Davis) in view of U.S. Patent No. 6,477,744 (Miles).
Regarding Claims 4 and 5, Davis teaches the handheld device as described above, in addition to Davis teaching: Claim 4 - wherein the first attachment mechanism (anyone of 38, 40, 42, or 44) includes a housing that includes a base (34), (Figures 1-5D and Annotated Figure 3 Above). Davis does not teach: a first arm extending from the base and a second arm that is spaced from the first arm, the first arm and the second arm together configured to receive and releasably fix the tool therebetween, wherein the first arm and the second arm of the first attachment mechanism are elastically deformable (Claims 4 and 5). However, Miles teaches: Claims 4 and 5 - a first arm (46) extending from a base (18) and a second arm (50) that is spaced from the first arm (46), the first arm (46) and the second arm (50) together configured to receive and releasably fix the tool therebetween, wherein the first arm (46) and the second arm (50) are elastically deformable, (Figures 1-3). Therefore, it would have been obvious to one of ordinary skill in the art to modify the handheld device of Davis to a first arm extending from the base and a second arm that is spaced from the first arm, the first arm and the second arm together configured to receive and releasably fix the tool therebetween, wherein the first arm and the second arm of the first attachment mechanism are elastically deformable (Claims 4 and 5) as taught by Miles for the purposes of being able to securely grip a tool with a shaft such as a brush.
Claim(s) 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2020/0305603 (Davis) in view of U.S. Patent No. 6,932,312 (Chen).
Regarding Claims 6 and 7, Davis teaches the handheld device as described above, in addition to Davis teaching: Claim 6 – wherein the second attachment mechanism (anyone of 38, 40, 42, or 44) includes a first component that has a base (34), (Figures 1-5D and Annotated Figure 3 Above); Claim 7 - wherein the base (34) includes a recess (between spring arms of element (34)) that extends one of vertically within the base toward the second component or horizontally within the base (34), (Figures 1-5D and Annotated Figure 3 Above).
Davis does not teach: wherein the base includes a first sidewall extending from one end of the base and a second sidewall extending from an opposite end of the base, and a second component that includes a first arm and a second arm, which are arranged adjacent to each other and independently rotatably fixed to the first component at the first sidewall and the second sidewall, respectively, and the first arm and the second arm together configured to receive and releasably fix the tool therebetween (Claim 6). However, Chen teaches: Claim 6 – a base (11) which includes a first sidewall (17a) extending from one end of the base (11) and a second sidewall (17b) extending from an opposite end of the base (11), and a second component that includes a first arm (22) and a second arm (22), which are arranged adjacent to each other and independently rotatably fixed to the first component at the first sidewall (17a) and the second sidewall (17b), respectively, and the first arm (22) and the second arm (22) together configured to receive and releasably fix the tool therebetween, (Figures 1-6). Therefore, it would have been obvious to one of ordinary skill in the art to modify the handheld device of Davis to have wherein the base includes a first sidewall extending from one end of the base and a second sidewall extending from an opposite end of the base, and a second component that includes a first arm and a second arm, which are arranged adjacent to each other and independently rotatably fixed to the first component at the first sidewall and the second sidewall, respectively, and the first arm and the second arm together configured to receive and releasably fix the tool therebetween (Claim 6) as taught by Chen for the purposes of being able to securely grip a tool with a shaft such as a brush.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/JOSHUA E RODDEN/Primary Examiner, Art Unit 3642
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